News & Analysis as of

Discovery Document Requests

Bass, Berry & Sims PLC

False Claims Act Fundamentals: How to Respond to a Third-Party Subpoena

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If you are part of a heavily regulated—or heavily litigated—industry, at some point, you or your company are likely to receive a third-party subpoena. This post offers guidance on how to respond to this common discovery...more

CloudNine

[Webinar] Navigating Your Modern Data with Rick and Derek - November 8th, 12:00 pm - 1:00 pm CST

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Navigating modern data is no longer just for civil litigants, and regulators increasingly request non-traditional ESI. Lawyers, vendors, and companies facing government subpoenas and document requests need to consider how to...more

Jones Day

France Adopts a New Decree Reinforcing the Effectiveness of the French Blocking Statute

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Pursuant to Decree No. 2022-207 dated February 18, 2022, companies receiving discovery demands or requests for information from foreign authorities now must turn to the Strategic Information and Economic Security Department...more

Seyfarth Shaw LLP

Recent Decision Holds That Failure to Timely Follow Up On Objections to Discovery Requests Does Not Waive Discovery

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Recently, a federal Special Master in the District of New Jersey addressed whether a requesting party waives its right to relevant and discoverable documents when it fails to timely follow up on the responding party’s...more

Rivkin Radler LLP

Administrative Order 270/20 Brings Change To The Uniform Rules

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Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules...more

Oberheiden P.C.

I Have Received A Civil Investigative Demand – What Happens Now?

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Civil investigative demands (“CIDs”) are powerful tools used by state and federal agencies to gather information that will be used to investigate and prosecute individuals, corporations, physicians, and executives, etc. for...more

Reveal

The Best of “eDiscovery Blues” Legal Comic Strip in 2020

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Humor isn’t necessary in eDiscovery, but it sure helps. Which is why Ipro has created our own comic strip, eDiscovery Blues™ and included them with articles highlighting insights and best-practices across the legal technology...more

Proskauer - Minding Your Business

CCP 2031.280(a): New Document Production Obligations in California Civil Litigation

Effective as of January 1, 2020, all civil litigants in California will have additional discovery burdens. The California Code of Civil Procedure now requires “[a]ny documents or category of documents produced in response to...more

Hanzo

If You’re Not Requesting Slack Data in Ediscovery—or Preserving It—What Are You Waiting For?

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When you start an ediscovery project, are you explicitly asking your opponents to produce data from the collaboration application Slack? Are you looking for relevant and helpful data within your own Slack channels and...more

Bradley Arant Boult Cummings LLP

The Door Gets a Little Wider: D.C. Circuit Rules Employee-Plaintiff Can Get Comparator Discovery to Prevent Dismissal of Case

If your employee sues you for discrimination, they don’t get to look at how the decision-makers treated everyone else, do they? Well, in Cruz vs. US Homeland Security, the D.C. Court of Appeals says yes they do. Although the...more

Dechert LLP

English Court Reiterates Importance of the Principle of Open Justice and Confirms That a Non-Party’s Reasons for Seeking...

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The English Court rules have long allowed a non-party to litigation to access and obtain copies of certain key documents in court proceedings. In our August 2018 update we reported on the decision of the English Court of...more

Seyfarth Shaw LLP

Request For Employment Records? Don’t Trust; Verify!

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Seyfarth Synopsis: Plaintiffs’ lawyers routinely invoke Labor Code provisions to conduct pre-litigation discovery by seeking employment records. For employers that scramble to comply with these often burdensome demands, we...more

BCLP

Responding To Government Subpoenas And Document Requests That Ask For Personal Information

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Federal and state agencies traditionally obtain information for law enforcement purposes using a variety of methods including: ..court issued subpoenas, ..grand jury subpoenas, ..search warrants, ..litigation...more

Morris James LLP

Court of Chancery Explains Investment Bankers’ Discovery Obligations

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Cummimg v. Edens, C.A. No. 13007-VCS (Del. Ch. July 12, 2018) - This transcript ruling makes two important points about discovery obligations in the Court of Chancery....more

BCLP

Responding To Third Party (Non-Government) Civil Subpoenas And Document Requests That Ask For Personal Information

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Litigants in a civil dispute often use subpoenas, subpoenas duces tecum, and discovery requests to obtain personal information about individuals who may not be present in the litigation. A request for documents and...more

Snell & Wilmer

California vs. Federal Practice: Document Requests and Depositions

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Many litigation practices, such as motion drafting, deposition questioning and defending, or presenting oral arguments, cross-apply whether in state or federal court. But, while there are many similarities between ...more

Amundsen Davis LLC

Self-Help Ways To Increase Your Legal Bill

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As most clients who have been through commercial litigation know, discovery is expensive. Unfortunately, in trying to reduce legal expenses, many times clients make mistakes that increase legal expenses and sometimes hurt...more

Troutman Pepper

Practice Pointers to Best Utilize or Respond to Document Requests: Sedona Publishes Rule 34 Primer

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The rules governing how litigants conduct written discovery changed substantially on December 1, 2015, when major amendments to the Federal Rules of Civil Procedure took effect....more

Snell & Wilmer

Five Ways to Survive a Department of Labor (“DOL”) Health and Welfare Plan Investigation

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DOL health and welfare plan investigations are on the rise. There are best practices for plans chosen for investigation: 1. Get Employee Benefits Counsel Involved Early. The DOL investigation process generally...more

Morris James LLP

Discovery Dispute Regarding Key Word Searches Is Granted In Part And Denied In Part

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Plaintiff requests that defendant search its database for documents containing the following terms: charge sharing, power race, contention, and short circuits and their synonyms. Plaintiff justifies this discovery on the...more

Morris James LLP

Court Orders Document Production Without Prejudice To Later Sanctions

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Stark, C. J. Sanctions motion is considered. Defendant seeks sanctions for plaintiff’s failure to comply with a court order to produce documents....more

Fenwick & West LLP

The Top Seven Takeaways from the December, 2015 Federal Rules Amendments

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Can rule changes streamline litigation to make discovery proportional to the case, improve case management, cut down foot-dragging in response to document requests, eliminate “over-preservation” of records and expedite...more

Carlton Fields

Extensive Changes to the Federal Rules of Civil Procedure

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Several significant amendments to the Federal Rules of Civil Procedure took effect Tuesday. They are probably the most wide-ranging set of changes to the rules in more than 20 years. Here are the key changes... ...more

Brooks Pierce

A Valuable Point From The NC Business Court On Subpoenas Without Depositions

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Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition?...more

Carlton Fields

Court Compels Production Of Information Exchanged Between Insurer And Reinsurer As Relevant To Construction Of Policy

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In a declaratory relief action brought against the FDIC by the liability insurer for the directors and officers of a bank in receivership, the court resolved a discovery dispute that included a contested request for...more

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